Purdue Pharma is alleging infringement of a patent covering the drug OxyContin by its pharmaceutical competitor Collegium Pharmaceutical Inc.
In their Friday complaint, Purdue Pharma LP, Purdue Pharmaceuticals LP, and Rhodes Technologies argued that Collegium’s Xtampza ER infringes on United States Patent No. 10,407,434, which Purdue and Rhodes own and is listed in the U.S. Food and Drug Administration (FDA)’s drug patent database, Orange Book, as covering OxyContin.
This is not the first suit Purdue has brought against Collegium over patents covering OxyContin; currently pending is a consolidated action alleging infringement of U.S. Patent Nos. 9,073,933, 9,693,961, and 9,522,919, which all are related to the ’434 patent. According to the complaint, both parties have agreed to include the operative action in the consolidation.
The FDA approved Collegium’s New Drug Application (NDA) No. 208090 — and supplemental NDA — for Xtampza ER in October 2016 and November 2017, respectively, according to the complaint.
Purdue argued that the products Collegium has manufactured to sell under its NDA — “without authority” — including Xtampza ER and others noted in the previous consolidated action, contain oxycodone base, and the process used to create that base is what infringes on various claims of the Purdue patents. Additionally, the pharmaceutical giant contended that Collegium’s marketing of the products also is an act of infringement.
The plaintiff claimed that Collegium’s allegedly willful conduct has “substantially and irreparably damaged and harmed” Purdue. Purdue seeks enjoinment of the defendant from continuing its purported infringing behavior, among other declaratory and monetary relief.